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To Cite or Not to Cite to Non-Precedential Opinions

Special to Law.com

March 6, 2006

If approved by the U.S. Supreme Court and Congress, the most controversial change ever proposed to the Federal Rules of Appellate Procedure will become law. Rule 32.1 authorizes citation to non-precedential federal appellate court rulings in briefs filed in all of the U.S. Courts of Appeals. Howard Bashman expounds on why the high court should eliminate the last-minute, prospective-only limitation from Rule 32.1 and return the rule to the form in which the Appellate Rules Advisory Committee approved it.

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